Section 1324 Of Chapter 2. Who May Be Witnesses In Criminal Actions From California Penal Code >> Title 10. >> Part 2. >> Chapter 2.
1324
. In any felony proceeding or in any investigation or
proceeding before a grand jury for any felony offense if a person
refuses to answer a question or produce evidence of any other kind on
the ground that he or she may be incriminated thereby, and if the
district attorney of the county or any other prosecuting agency in
writing requests the court, in and for that county, to order that
person to answer the question or produce the evidence, a judge shall
set a time for hearing and order the person to appear before the
court and show cause, if any, why the question should not be answered
or the evidence produced, and the court shall order the question
answered or the evidence produced unless it finds that to do so would
be clearly contrary to the public interest, or could subject the
witness to a criminal prosecution in another jurisdiction, and that
person shall comply with the order. After complying, and if, but for
this section, he or she would have been privileged to withhold the
answer given or the evidence produced by him or her, no testimony or
other information compelled under the order or any information
directly or indirectly derived from the testimony or other
information may be used against the witness in any criminal case. But
he or she may nevertheless be prosecuted or subjected to penalty or
forfeiture for any perjury, false swearing or contempt committed in
answering, or failing to answer, or in producing, or failing to
produce, evidence in accordance with the order. Nothing in this
section shall prohibit the district attorney or any other prosecuting
agency from requesting an order granting use immunity or
transactional immunity to a witness compelled to give testimony or
produce evidence.